Seanad debates

Thursday, 22 September 2011

An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage

 

3:00 pm

Photo of Paschal MooneyPaschal Mooney (Fianna Fail)

Thank you. I will have to stop as I was trying to stop everybody else when I was in the Chair.

I am not sure I fully agree with Senator Byrne's contention that if we make public statements criticising individuals who subsequently might appear before a House committee, that somehow disbars us from participating in those committees. This issue has arisen a few times and perhaps the Minister has an opinion on whether prejudicial remarks made by politicians will disbar them from subsequently being involved in committees of inquiry. The way the legislation is framed suggests that irrespective of the personal opinions or those publicly stated in these Houses under privilege it should not necessarily disbar them. Ultimately, it is about findings.

Finally, am I right in suggesting that the conclusions of any inquiry are essentially findings and that if subsequent legal sanctions are to be introduced, does that mean the separation of powers comes into play and the Attorney General or the Director of Public Prosecutions can then, as happens with the current tribunals, act on those findings if the findings indicate there is some implication that the law has been broken? If this legislation passes, is it correct to suggest that these inquiries will essentially be providing findings and that they will come to a conclusion but they will not necessarily be acting in a judicial context? Will they be quasi-judicial-----

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